Unknown vs For Applicant(S) : Mr. S. Datta
2024 Latest Caselaw 1483 Tri

Tripura High Court

Unknown vs For Applicant(S) : Mr. S. Datta on 6 September, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                                               HIGH COURT OF TRIPURA
                                                 _A_G_A_R_T_A_L_A_
                                        I.A. No.01 of 2024 in MAC. App. No.60 of 2024
For Applicant(s)                               :   Mr. S. Datta, Advocate.
For Respondent(s)                              :   Mr. S. Bhattacharjee, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD _O_ R_ D_ E_ R_ 06.09.2024 Heard.

This is an application filed under second proviso to Section-173 of the Motor Vehicles Act, 1988 for condoning the delay of 1852 days in preferring an appeal against the judgment and award passed in T.S. (MAC) 99 of 2016 by the Motor Accident Claims Tribunal, Court No.2, West Tripura, Agartala dated 25.02.2019 whereby the learned tribunal dismissed the claim petition with nil award.

Mr. S. Bhattacahrjee, learned counsel appearing for the respondents has vehemently opposed and indicated that the applicant was not diligent and has not taken any steps to appear before the learned Court below as well as before the High Court as such, the prayer as sought for by the applicant needs to be rejected. He further contended that in the affidavit he has not substantiated the delay of 1852 days in consonance with Section-5 of the Limitation Act. Though it is a beneficial legislation, it is always open for the applicant to consider their requests if they are diligent enough.

Here, the case of the claimant is neither appeared before the Court below nor before the High Court and also was not serious in handling the matter with utmost responsibility. He further contended that it is the duty of the applicant that he should always be in touch with his engaged counsel and keep a track of his proceeding instead, sleeping over the matter without any responsibility. Thus, he prayed to dismiss the same.

Having heard the learned counsel appearing for the parties and after perusal of the records it reveals that even on 08.01.2019 and 25.02.2019 both sides have not taken any steps before the learned Court below and also to proceed with matter.

In that view of the matter, the present interlocutory application stands dismissed.

                                                                             T. Amarnath Goud, J
A. Ghosh

ANJAN      Digitally signed by ANJAN GHOSH


GHOSH
           Date: 2024.09.09 16:46:25 +05'30'